6 U.S.C. § 397 — Requirements to buy certain items related to national security interests
submitted 4 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 917 words · no verdicts yet
DHS "frontline" agencies like CBP, ICE, and the Secret Service must buy at least a third of their uniforms, footwear, body armor, and similar gear from small U.S. manufacturers, when those manufacturers can meet quality and registration standards. Insignia suppliers must securely store, track, and destroy gear made outside the U.S. The Secretary can waive these rules during a declared emergency if supply runs short, but must notify Congress and report on the program yearly.
(a) This subsection defines two terms. A "covered item" means: footwear that's part of a uniform; uniforms themselves; holsters and tactical pouches; patches, insignia, and other uniform embellishments; chemical, biological, radiological, and nuclear protective gear; body armor parts meant to stop bullets — soft panels, hard plates, and carriers worn under or over a uniform; and any other clothing or protective gear the Secretary* decides fits. A "frontline operational component" means these DHS offices: Customs and Border Protection, Immigration and Customs Enforcement, the Secret Service, the Transportation Security Administration, the Federal Protective Service, FEMA, the Federal Law Enforcement Training Centers, and the Cybersecurity and Infrastructure Security Agency*.
(b) When these frontline components buy covered items, the Secretary must make sure of several things. As much as possible, at least one-third of the money spent in a fiscal year on covered items must go to items made or supplied in the U.S. by small businesses (as federal law defines that term) — but only if those small U.S. businesses actually can't manufacture the items themselves and still meet the standards described next. Every contractor and manufacturer involved must be registered with the federal System for Award Management and must meet international quality standard ISO 9001:2015 (or a standard the Secretary approves). If a covered item comes with insignia (like a patch or badge), and that item or insignia isn't made in the U.S., the supplier must: keep it in a locked storage area; report any theft or pilferage before it's delivered; and destroy any defective or unusable item with insignia in a way the Secretary sets, keeping records of that destruction — including the date, a description, the quantity destroyed, and the destruction method — for three years.
The Secretary may waive the one-third domestic-purchase requirement, or the registration/quality requirement, or the insignia security requirement, if the President has declared a national emergency* or major disaster* and the Secretary finds there isn't enough supply of a covered item that meets the requirement. Within 60 days of deciding a waiver is needed, the Secretary must notify the relevant House and Senate committees, explaining which emergency or disaster it's tied to, which item the waiver covers, and why there's not enough supply from qualifying contractors.
(c) The Secretary must make sure covered items are bought at a fair and reasonable price, following the Federal Acquisition Regulation's normal procedures.
(d) Starting one year after December 23, 2022, and every year after that, the Secretary must brief the relevant House and Senate committees on cases where vendors missed delivery deadlines for covered items, and on what corrective action DHS took in response.
(e) This section applies to any contract that DHS or one of these frontline components enters into starting 180 days after December 23, 2022.
In this section:
The term “covered item” means any of the following:
Footwear provided as part of a uniform.
Uniforms.
Holsters and tactical pouches.
Patches, insignia, and embellishments.
Chemical, biological, radiological, and nuclear protective gear.
Body armor components intended to provide ballistic protection for an individual, consisting of 1 or more of the following:
Soft ballistic panels.
Hard ballistic plates.
Concealed armor carriers worn under a uniform.
External armor carriers worn over a uniform.
Any other item of clothing or protective equipment as determined appropriate by the Secretary*.
The term “frontline operational component” means any of the following entities of the Department*:
U.S. Customs and Border Protection.
U.S. Immigration and Customs Enforcement.
The United States Secret Service.
The Transportation Security Administration.
The Federal Protective Service.
The Federal Emergency Management* Agency*.
The Federal Law Enforcement Training Centers.
The Cybersecurity and Infrastructure Security Agency.
The Secretary shall ensure that any procurement of a covered item for a frontline operational component meets the following criteria:
To the maximum extent possible, not less than one-third of funds obligated in a specific fiscal year for the procurement of such covered items shall be covered items that are manufactured or supplied in the United States by entities that qualify as small business concerns, as such term is described under section 632 of title 15.
Covered items may only be supplied pursuant to subparagraph (A) to the extent that United States entities that qualify as small business concerns—
are unable to manufacture covered items in the United States; and
meet the criteria identified in subparagraph (B).
Each contractor with respect to the procurement of such a covered item, including the end-item manufacturer of such a covered item—
is an entity registered with the System for Award Management (or successor system) administered by the General Services Administration; and
is in compliance with ISO 9001:2015 of the International Organization for Standardization (or successor standard) or a standard determined appropriate by the Secretary to ensure the quality of products and adherence to applicable statutory and regulatory requirements.
Each supplier of such a covered item with an insignia (such as any patch, badge, or emblem) and each supplier of such an insignia, if such covered item with such insignia or such insignia, as the case may be, is not produced, applied, or assembled in the United States, shall—
store such covered item with such insignia or such insignia in a locked area;
report any pilferage or theft of such covered item with such insignia or such insignia occurring at any stage before delivery of such covered item with such insignia or such insignia; and
destroy any such defective or unusable covered item with insignia or insignia in a manner established by the Secretary, and maintain records, for three years after the creation of such records, of such destruction that include the date of such destruction, a description of the covered item with insignia or insignia destroyed, the quantity of the covered item with insignia or insignia destroyed, and the method of destruction.
In the case of a national emergency* declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) or a major disaster* declared by the President under section 5170 of title 42, the Secretary may waive a requirement in subparagraph (A), (B) or (C) of paragraph (1) if the Secretary determines there is an insufficient supply of a covered item that meets such requirement.
Not later than 60 days after the date on which the Secretary determines a waiver under subparagraph (A) is necessary, the Secretary shall provide to the Committee on Homeland* Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Appropriations of the House of Representatives notice of such determination, which shall include the following:
Identification of the national emergency or major disaster declared by the President.
Identification of the covered item for which the Secretary intends to issue the waiver.
A description of the demand for the covered item and corresponding lack of supply from contractors able to meet the criteria described in subparagraph (B) or (C) of paragraph (1).
The Secretary shall ensure that covered items are purchased at a fair and reasonable price, consistent with the procedures and guidelines specified in the Federal Acquisition Regulation.
Not later than one year after December 23, 2022, and annually thereafter, the Secretary shall provide to the Committee on Homeland Security, the Committee on Oversight and Reform, the Committee on Small Business, and the Committee on Appropriations of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Small Business and Entrepreneurship, and the Committee on Appropriations of the Senate a briefing on instances in which vendors have failed to meet deadlines for delivery of covered items and corrective actions taken by the Department in response to such instances.
This section applies with respect to a contract entered into by the Department or any frontline operational component on or after the date that is 180 days after December 23, 2022.
Source credit: (Pub. L. 107–296, title VIII, § 836, as added Pub. L. 117–263, div. G, title LXXI, § 7112(a), Dec. 23, 2022, 136 Stat. 3628.)
- 2022Enacted · Pub. L. 107-296 · 136 Stat. 3628
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2022-12-23.
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